Psychiatrists' support service
On bullying and harassment

To contact the Psychiatrists'
Support Service please telephone: 020 7245 0412 or e-mail:
pss@rcpsych.ac.uk

Introduction

This information guide is
intended for a psychiatrist who experiences bullying or harassment.
The information can be used as a guide only and is not a substitute
for professional advice. If you need further advice and support,
please contact the Psychiatrists’ Support Service or one of the
organisations listed at the end of this information guide.

Employees have the right to work in
an environment that is free of discrimination and to be treated
with dignity and respect. Bullying and harassment can be very
distressing and it may be difficult to resolve the situation. It is
recommended that this advice is read in conjunction with other
policies of your organisation, such as equal opportunities and
grievance procedures. That aims to set the cultural framework for
behaviour of all employees of the trust and forms part of a wider
strategy to promote all aspects of equality and diversity in
service delivery and employment practices.

Definitions

The terms ‘bullying’ and
‘harassment’ are often used interchangeably.

Harassment

Harassment is any form of unwanted
and unwelcome behaviour affecting the dignity of employees within
the workplace. It may range from mildly unpleasant remarks to
physical violence, and may be related to age, gender, race, sexual
orientation, disability, religion, nationality or any other
personal characteristic of the individual. Harassment can be
persistent, or an isolated incident. An individual who believes
they are being harassed views the actions and behaviour of those
conducting the harassment as demeaning and unacceptable. What is
perceived as harassment by one person may not seem so to
another.

Bullying

The Andrea Adams Trust (a UK
charity dedicated to tackling bullying at work, which has now
closed down) stated: ‘When we talk about bullying at work we are
referring to an abuse of power or position. It is offensive
discrimination through persistent, vindictive, cruel or humiliating
attempts to undermine, criticise, condemn, and to hurt or humiliate
an individual or group of employees’.

Some examples of bullying and
harassing behaviour:

giving a competent worker constant
criticism and undermining them by overloading them with work

exclusion/victimisation – being
isolated and separated from colleagues, excluded from what is going
on, marginalised, overruled, ignored or sidelined

copying memos that are critical
about someone to others who do not need to know

ridiculing or demeaning someone,
especially in front of others

spreading malicious rumours or
insulting someone by word or behaviour, or through use of
electronic media like email or mobile phones (particularly on the
grounds of age, race, disability, sexual orientation and religion
or belief)

being coerced into leaving through
no fault of your own, constructive dismissal, early or ill-health
retirement, etc.

finding that everything you say is
twisted, distorted and misrepresented

moving the goalposts – setting
objectives which subtly change and cannot ever be defined
sufficiently to be achievable.

If you are unsure whether the
situation/behaviour can be considered bullying or harassment, here
are some points to think about:

Has there been a change of
management or organisational style to which you need some time to
adjust?

Is there an organisational
standard of behaviour that you can refer to within your
organisation?

Are you able to discuss your
concerns with the human resources manager, your line manager, union
representative or colleagues who may share your concerns?

Types of harassment/bullying

Sexual harassment/ bullying

Unwanted behaviour of a sexual
nature or other conduct based on sex, sexual orientation,
transgender issues etc., affecting the dignity of men and women at
work.

verbal – unwelcome sexual
advances, propositions or pressure/blackmail for sexual activity,
continued suggestions for social activity outside the workplace
after it has been made clear that these are unwelcome, offensive
flirtations, suggestive remarks, innuendoes or lewd comments,
disclosure of another individual’s sexual orientation against
his/her wishes

non-verbal – the display of
pornographic or sexually suggestive pictures, objects or written
materials

gender-based – behaviour which
denigrates or ridicules, or is intimidating or physically abusive
because of an employee’s gender or sexual orientation; for example
derogatory or degrading abuse or insults, and offensive comments
about appearance or dress.

Racial harassment/ bullying

Racially motivated actions and
behaviour directed at people because of their race, colour, ethnic
origin, cultural differences, speech (accent), creed and/or
nationality and which cause offence and stress.

non-verbal – graffiti, displays of
racial insignia or material, denial of opportunities, exclusion
from social activities or use of electronic media like email,
mobile phones, picture sharing etc.

Harassment/ bullying of individuals with a
disability

Unwanted actions or behaviour
directed at people because of their disability, whether mental or
physical.

Examples of inappropriate
behaviour:

physical – abuse or intimidation,
mimicking the particular disability

verbal – speaking to others rather
than directly to the person with a disability, asking intimate
questions about a person’s impairment, unreasonably questioning
their work capacity and/or ability by making inappropriate demands
or requirements, jokes

non-verbal – staring and/or
uninvited touching, exclusion from social events, making
assumptions about people with a disability (e.g. that they do not
have a social, sexual or private life), making assumptions about a
person’s impairment and sickness record.

Harassment/ bullying based on religion or philosophical
belief

This type of harassment is unwanted
behaviour or actions directed at people because of their religion
or philosophical belief.

Unwanted behaviour or actions
directed at people because of their age. This can affect both
younger and older workers.

Examples of inappropriate
behaviour:

physical – intimidation

verbal – derogatory remarks or
jokes based on age, banter which encourages stereotypes

non-verbal – making assumptions
about people based on age, whether younger or older, making
assumptions about lack of ability based on age.

The effect of bullying/ harassment on
the individual

Bullying and harassment can make
the affected person feel anxious and humiliated as well as evoking
feelings of frustration and anger at not being able to cope. Some
individuals attempt to seek revenge, while others feel scared and
demotivated. The combination of stress and loss of self-confidence
and self-esteem can lead to insecurity at work, illness, absence
and sometimes even resignation. Job performance and workplace
relationships are usually affected.

The following is a list of symptoms
that an individual being bullied/harassed may recognise:

Legal context

It is the responsibility of your
employing organisation to prevent bullying and harassing behaviour
in the workplace. It is essential that the message that such
behaviour will not be tolerated within the organisation is conveyed
to the staff. A statement to all employees about the standards of
behaviour expected can help make them aware of their
responsibilities to others.

The NHS Employers’ guidance covers
issues ranging from an identification of behaviours that constitute
bullying and harassment to current support, policy and a suggested
procedure for dealing with bullying and harassment claims. The
guidance also offers advice on the investigation procedure for a
complaint of bullying and harassment. Employers can now be held
vicariously responsible for bullying of their staff by staff.

It is not possible to make a direct
complaint about bullying to an employment tribunal. However,
employees might be able to bring complaints under laws covering
discrimination and harassment, for example:

age – Employment Equality (Age)
Regulations 2006

disability – Disability
Discrimination Act 1995

race – Race Relations Act 1976
gives protection against discrimination and victimisation on the
grounds of skin colour or nationality; the amendments to the Act
(The Race Relations Act 1976 (Amendment) Regulations 2003) also
give a stand-alone right to protection from harassment on the
grounds of race and ethnic or national origin

gender – Sex Discrimination Act
1975 protects against discrimination and victimisation on grounds
of gender, marriage or because someone intends to undergo, is
undergoing or has undergone gender reassignment.

Employers’ responsibilities

Employers have a duty of care for
their employees. If mutual trust and confidence between employee
and employer is broken through bullying and harassment, an employee
can, for example, resign and claim ‘constructive dismissal’ on the
grounds of breach of contract.

The breach of contract may also
include the failure to protect an employee’s health and safety at
work. Under the Health and Safety at Work Act 1974 employers are
responsible for the health, safety and welfare at work of all
employees.

Try speaking to colleagues to find
out whether they share the same concerns, whether anyone has
witnessed what is happening to you, and whether anyone else is
suffering in the same way.

If you are reluctant to make a
complaint, see someone with whom you feel comfortable to discuss
the issue –

this might be your clinical or
medical director, someone in human resources, or a counsellor.

Your employer may arrange for all
parties involved to attend external counselling and facilitation,
if it is agreed by all involved that this approach may be useful in
resolving the issue.

Keep a diary of all incidents –
records of dates, times, any witnesses, your feelings, etc.; keep
copies of anything that you consider relevant.

Those responsible for causing you
distress may be unaware of their actions and the effect they are
having on you – tell the person to stop whatever it is they are
doing. You might find it difficult to confront the person yourself
and you may wish to get someone else – a colleague, trade union
official or confidential counsellor – to act on your behalf.

When you cannot confront the
bully, consider writing a memo to them to make it clear what it is
you object to in their behaviour; keep copies of your memo and of
any reply.

Be firm, not aggressive; be
positive and calm; stick to the facts, describing what happened
that caused you distress.

If you do decide to make a formal
complaint, follow the procedures within your organisation which
should give you information about whom to complain to and how your
complaint will be dealt with.

If you have access to a trade
union representative or other adviser, ask them to help you state
your grievance clearly, as this can help its resolution. All
organisations will have a grievance procedure and some have
specific procedures for dealing with complaints about bullying and
harassment.

Talking to your general
practitioner may help, particularly if you feel that the bullying
or harassment is affecting your health.

Legal action

If the bullying or harassing
behaviour continues despite your efforts, it is recommended that
you take advice on your legal rights. If you leave the organisation
and make a claim to an employment tribunal, the tribunal will
expect you to have tried to resolve the problem with the
organisation, and any records you have kept will be considered when
it hears your claim. Resignation is the last resort but make sure
you have tried all other ways to resolve the situation.